 Health Hazards
[ASBESTOS] [LEAD] [RADON] [VOCs] [FORMALDEHYDE] [MOLD & MILDEW] [ELECTROMAGNETIC FIELDS]
[INDOOR AIR QUALITY] [UNDERGROUND STORAGE TANKS] [LANDLORD TENNANT RESPONSIBILITIES]
hazards  landlord tenant responsibilities
Landlord Tenant Responsibilities
Under common law, a building owner has an obligation to his/her tenants to provide a safe "habitable" unit that is free from identifiable and/or hidden hazards or defects. As part of his due diligence, an owner is required to investigate and inspect all obvious and suspected sources of defects and hazards that may exist within a building or facility prior to any tenant occupying the facility. An owner is also required to perform testing that is necessary to identify if a material to be disturbed as part of a renovation or demolition may be hazardous. Many municipalities require that a building owner or his contractor provide a hazardous material survey (asbestos inspection report, etc.) prior to any issuing of any demolition or renovation permit. That survey report must clearly show that the materials to be disturbed are free of hazardous components or that the hazardous components will be removed (abated) by trained professionals prior to the renovation or demolition activities.
Potential hazards that must be considered include lead based paint, asbestos and radon. Potential hazards could also include the investigation for mold and mildew associated water entry into a facility, electromagnetic fields (EMF) assiciated with electrical rooms and transformer vaults, formaldehyde and volatile organic chemicals associated with newly installed carpeting and furnishings.
If a hazardous material is found on a property and can be determined to be the cause of a tenant's illness or presents a potential hazard to tenants, the landlord can be held accountable based on failure to disclose a hidden defect as well as a breach of the implied warranty of habitability. Under the breach of implied warranty of habitability, the tenant would have the right to break the lease, pay less rent or sue the landlord to bring the building up to a habitable level.
Exposure to lead has been shown to cause serious health problems including brain damage, learning disorders and hyperactivity. Landlords who have been found responsible for lead poisoning may often face enormous jury awards because they will cover remedial treatment as well as long term education costs and awards for "loss of earning" capacity as a result of the injury.
Property Managers Obligations
Property Managers have an obligation to report any known or identified defects, including environmental health hazards to the landlord. Failure to do so does not release the landlord of responsibility. Additionally, a landlord's failure to address an environmental issue after notification has been given does not absolve the management company from responsibility either. Known or identified defects must be disclosed and remedied in a timely manner.
How One Limits Liability
To limit liability associated with the presence of hazardous materials within a building or residence, an owner should implement procedures and maintenance activities that ensure that buildings that may contain hazards are inspected for their presence. Buildings and residences built before 1978 should be inspected for the presence of lead based paint. Buildings and residences built before 1984 should be inspected for the presence of asbestos. Buildings and residences located in high radon incident areas of the country should be tested for radon gas. A landlord can not hide behind the veil of ignorance to these concerns anymore. Their presence is common knowledge and as a result, their presence must be investigated.
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